Trenton NJ Age Discrimination Lawyer
With Offices in Trenton and Pennington, New Jersey
Older employees deserve to be treated with respect in the workplace because they bring a wealth of experience and leadership qualities to their jobs. Unfortunately, there is a dangerous perception among many employers that older workers are less skilled when it comes to new technologies. Additionally, many employers believe that older workers are more likely to suffer from health difficulties. As a result of these biases, far too many employers in the State of New Jersey engage in age discrimination. Although employment discrimination can have adverse effects on any employee, it is particularly devastating to older employees because they often struggle to find new employment opportunities after they are terminated from their current jobs.
Kamensky Cohen & Riechelson is a law firm that has been serving clients in New Jersey and Pennsylvania since 1972. During that time, we have helped countless individuals file employment discrimination claims throughout Mercer County, including Lawrence, Hamilton, and Ewing. We understand the nuances of state and federal employment discrimination laws; this gives us a major edge when we assist you with your age discrimination case. Call KCR now to speak with a member of our litigation team and explore your legal options.
Laws Prohibiting Age Discrimination in Mercer County NJ
Both federal and state laws protect employees against age discrimination. The federal law is codified in the Age Discrimination in Employment Act (ADEA). This law allows workers 40 years of age and older to file claims for age discrimination. The NJ law, codified in the New Jersey Law Against Discrimination, covers a wider range of victims; it applies to all workers between the ages of 18 and 70. The broader scope of the state law means that younger employees can file claims for reverse age discrimination.
The federal and state laws prohibit companies from treating employees differently on the basis of age. This means that employers cannot use age as a factor in decisions concerning:
- Hiring and Firing: Employers are not allowed to make hiring or firing decisions on the basis of age.
- Promotions: Employers may not use age as a justification for denying a worker’s promotion to a higher job position.
- Compensation: Employee compensation or benefits cannot be affected by the employee’s age.
- Retirement: An employee cannot be forced into retirement because they have reached a certain age.
- Terms of Employment: Employers cannot use age as a reason for less favorable treatment of employees when it comes to the terms, conditions, or privileges of employment.
One major exception to the New Jersey law against age discrimination is the bona fide occupational qualification (BFOQ) exception. If the employer can prove that age is an essential part of the job, then they can refuse to hire an individual who is too old for the position.
Protection Against Retaliation for Filing an Age Discrimination Complaint in Hopewell NJ
You should never let the fear of retaliation stop you from filing a discrimination complaint. That’s because there are laws to protect you against reprisals or retaliation by your employer. At the federal level, the ADEA includes anti-retaliation provisions which protect workers who report age discrimination in the workplace. The New Jersey Law Against Discrimination includes similar provisions.
Free Consultation with a Princeton NJ Age Discrimination Attorney
Kamensky Cohen & Riechelson is prepared to assist you with your age discrimination claim. Call us anytime to speak with an experienced attorney about your age discrimination case, or email us to schedule a meeting at our offices in Trenton or Pennington.